Avon Commission Rejects Zone Change, Blocks Subdivision

AVON — — The planning and zoning commission on Tuesday unanimously denied an application for a zone change that would allow a five-lot subdivision to be built on land owned by the Golf Club of Avon.

Developer JZMAR LLC had proposed the Eagle View Estates subdivision on six acres of land deemed "surplus" by the Golf Club. The development would have come off Pioneer Drive.

Several residents of Pioneer Drive voiced their opposition to the zone change at the meeting, many saying they believed the houses in their backyards would diminish their property values and some arguing that the golf course land was permanently protected open space.

One resident read from the town's Plan of Conservation and Development, which states, "At this time, a total of 2,604 acres are permanently protected as open space ... In addition, 229 acres of privately owned property has been permanently protected through the use of conservation restrictions."

A chart in the town plan includes privately owned open space – which includes the Golf Club land — in the 2,604 total.

Town Planner Steven Kushner said the private land referred to in the town plan is not permanently protected, and the plan may have been confusingly worded.

"I had a lot to do with writing what you just read," Kushner said. "We tried to differentiate between land that's permanently protected as open space and [land that's] privately owned and currently used as open space."

"The way the original plan read, it needs clarification before it could move forward whatsoever," said Donald Bonner, an alternate commissioner. "It just bothers me."

Ann Kammerer argued that the zone change would not conform to the criteria set forth in zoning regulations and that the development would devalue her property.

"I don't want to give up the open space that we have been led to believe was intended to remain open space," she said

"The thing that really bothers me about changing the zone on this one … it's the nature of this small piece of property and this chipping away, and the precedent it sets for not only the golf course but every piece of property like that," said Commissioner Christian Gackstatter. "[It says,] 'We're going to chip away at every little piece here, and we're going to monetize every little piece to the benefit of us and hurt the others.'

"If the golf course wasn't going to remain there and a subdivision was going in, OK, but the golf course is going to maintain its feel and throw the loss on someone else's back. I think that's wrong," he said.